国家追偿制度研究

发布时间：2019-05-17 13:53

【摘要】：追偿制度是国家赔偿中不可或缺的一部分,其设置目的有二:一是在国家担责的同时,通过对相关责任人员追责的方式,督促其依法履行职权;二是在及时维护社会公正,保障赔偿请求人利益实现的同时,又实现国家机关自我管理,彻底纠错的功能。然而,在国家赔偿的法律实务当中,虽有赔偿请求权人因冤案或者错案而得到赔偿的案例,但却鲜有因国家工作人员违法办案而进行追偿的案例,我国的追偿制度自出台之日起就似乎进入了“休眠状态”。这需要我们对立法已设立的追偿制度进行反思。由于我国立法对追偿制度的相关规定不够具体,甚至过于空洞和模糊,导致其难付诸以实践,难以操作。由是故之,要“唤醒”这一制度,促进国家机关工作人员依法履行职权,完善立法是关键。本文旨在通过对追偿制度的基础理论以及对追偿制度的实体方面进行分析的基础上,对比域外一些国家和地区的立法,提出对现有制度不足方面的个人意见,借鉴国外的立法经验并将其与我国的立法理念相结合,由此提出相关的解决方案,进而使得追偿制度更加完善和具体,让追偿机制在实践中真正得到运行。
[Abstract]:Recovery system is an indispensable part of national compensation, its purpose is two: first, while the state is responsible, through the way of accountability to the relevant responsible personnel, urge them to perform their functions and powers in accordance with the law; The second is to safeguard social justice in time and ensure the realization of the interests of the compensator, and at the same time realize the function of self-management and thorough error correction of state organs. However, in the legal practice of state compensation, although there are cases in which the applicant for compensation is compensated for injustice or miscarriage of justice, there are few cases in which the claim has been recovered because of the illegal handling of the case by the state functionary. Since the date of its introduction, the recovery system in our country seems to have entered a dormant state. This requires us to reflect on the recovery system established by legislation. Because the relevant provisions of the recovery system in the legislation of our country are not specific enough, even too empty and vague, it is difficult to put it into practice and difficult to operate. Therefore, it is the key to "awaken" the system, to promote the functionary of state organs to perform their functions and powers according to law, and to perfect the legislation. Based on the analysis of the basic theory of the recovery system and the substantive aspects of the recovery system, this paper compares the legislation of some countries and regions outside the country, and puts forward some personal opinions on the shortcomings of the existing system. Drawing lessons from the legislative experience of foreign countries and combining it with the legislative concept of our country, this paper puts forward the relevant solutions, and then makes the recovery system more perfect and concrete, so that the recovery mechanism can really run in practice.
【学位授予单位】：新疆大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.1

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